INSTRUCTIONS TO TENDERERS

RFX NO.: 4000036708

PMU 132/33KV IOI MAYANG (2X90MVA) AND LILO 132KV

OHL FROM ABBA – NUNI INTO PMU IOI MAYANG,
SELANGOR

LEAD (CM – EPC & PROJECTS)

PROCUREMENT & SUPPLY CHAIN DIVISION
TENAGA NASIONAL BERHAD
LEVEL 10, NU TOWER 2,
203, JALAN TUN SAMBANTHAN,
KUALA LUMPUR SENTRAL,
50470 KUALA LUMPUR,

TELEPHONE NO. : +6-03-2776-9364

FAX NO. : +6-03-2776-9402
CONTENTS

1.0 GENERAL 1
2.0 TNB’S PROCUREMENT CODE OF CONDUCT 1
3.0 TENDER SUBMISSION 2
3.1 REGISTRATION 2
3.2 EXPERIENCE 3
3.3 FINANCIAL STRENGTH 3
3.4 TENDERER’S PERFORMANCE 4
3.5 PROJECT PERSONNEL 4
3.6 LITIGATION 4
3.7 SAFETY MANAGEMENT 4
3.8 JOINT – VENTURE PARTNERSHIP 5
3.9 SPECIAL REQUIREMENT FOR TRANSMISSION LINE PROJECTS (NOT
APPLICABLE) 5
3.10 OFFERED EQUIPMENT 6
3.11 SUSPENDED EQUIPMENT 9
3.12 SUPPORTING DOCUMENTS 10
4.0 LANGUAGE OF TENDER 11
5.0 TENDER BRIEFING AND SITE VISIT 11
6.0 TENDER DOCUMENTS AND PREPARATION OF TENDER 12
7.0 PRICING OF TENDER 14
8.0 TENDER DISCREPANCIES AND ARITHMETHICAL ERROR 14
9.0 INSURANCES 15
10.0 TENDER VALIDITY PERIOD 15
11.0 TENDER ENQUIRIES 15
12.0 ADDENDUM TO TENDER 16
13.0 PURCHASE AND SUBMISSION OF TECHNICAL AND COMMERCIAL PROPOSAL 16
14.0 THE TENDERER SHALL BE DULY INFORMED 17
15.0 EVALUATION OF TENDER (TWO ENVELOPE SYSTEM) 17
16.0 TENDER CLARIFICATION 17
17.0 NOTIFICATION OF AWARD 18
18.0 TENDER WITHDRAWAL 18
19.0 RIGHTS TO REJECT TENDERS 18
20.0 ALTERNATIVE OFFER 19
 INSTRUCTIONS TO TENDERERS

1.0 GENERAL

These Instructions to Tenderers (hereinafter referred to as "ITT”) shall not form part of the
contract for the successful Tenderer.

The purpose of this ITT is to help the Tenderer to complete its Tender and to notify the
Tenderer of the requirements of this Tender, so that the Tenderer can offer a fair and
competitive price to Tenaga Nasional Berhad (hereinafter referred to as "TNB”) and to fully
understand the requirements of TNB under this Tender. Failure to comply to the
requirements stated herein, TNB reserves the right to reject the Tender.

The Tenderer is presumed to have a copy of FlDlC General Conditions of Contract For Plant
And Design-Build, First Edition 1999, Ref: ISBN 2-88432-023-7 (Yellow Book), for the
purpose of preparing the Tender, etc. The Tenderer may purchase the Yellow Book from the
following address:

Office of Association of Consulting Engineers of Malaysia (ACEM)

63-2 & 65-2, Medan Setia 1, Damansara Heights
50490 Kuala Lumpur
Tel: 03-20950031/0079/0158
Fax: 03-20953499

Or purchase on-line through FlDlC website at http://www.fidic.org/

If the Tenderer has any doubt as to the meaning of any portion of the Conditions of Contract,
he shall seek clarification from TNB in the manner specified at para 11. The Tenderer is not
allowed to make an offer based on his own terms and conditions that clearly do not comply
to the Employer’s Requirement (ER) and Conditions of Contracts as stated in the Tender.

TNB shall not reimburse any expenses incurred by the Tenderer in inspecting the site,
preparing the Tender and any other related expenses.

This Tender employs the Two Envelope System procurement method.

2.0 TNB’S PROCUREMENT CODE OF CONDUCT

2.1 All Tenderers shall be subjected to TNB’s Procurement Code of Conduct. Please refer to
TNB Website www.tnb.com.my for further detail on TNB’s Procurement Code of Conduct.

2.2 The Tenderer shall treat the documents including all details as private and confidential,
irrespective whether he submits the tender or not. No information pertaining to the
examination, clarification, evaluation, comparison and award of the Tender will be disclosed
to the Tenderer or any other persons not officially connected with the Tender adjudication
process.

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2.3 The Tenderer shall also comply with TNB’s Procurement Code of Conducts as stated below.

“TNB reserves the right to disqualify participation of companies found in violation of TNB’s
Procurement Code of Conduct or indulges in lobbying activities either through phone / sms
/ letters or any such methods with the intention of lobbying or any such attempts to influence
any decisions to be made on the tenders / quotations for TNB’s projects. Apart from that,
TNB shall take other actions against such companies as provided for in the TNB’s
Procurement Code of Conduct.”

2.4 Tenderers shall comply with all legislations, regulations, and statutory requirement relating
to the provision of the products/services to TNB.

2.5 Any party participating in this tender must not have direct relationship with Minister of Energy,
Science, Technology, Environment and Climate Change (MESTECC).

TNB reserves the right to disqualify any offer from any tenderer found to be directly related
to the Minister of Energy, Science, Technology, Environment and Climate Change
(MESTECC), and may pursue further actions on the tenderer.

2.6 Tenderers who are blacklisted or suspended are not allowed to participate in the
tender.

3.0 TENDER SUBMISSION

3.1 REGISTRATION

3.1.1 This is an electronic tender (e-Tender). All Tenderers must register with Supplier Self Service
(SUS) in order to participate in e-Tender.

3.1.2 Guidelines on tender participation/submission is available at SRM website

http://www.tnb.com.my/suppliers/srm/supplier-self-service-sus.html.

3.1.3 All relevant certificates must be updated in SUS portal to enable Tenderers participation.

3.1.4 The Tenderer/company or the leading partner of the JV shall be registered with Construction
Industry Development Board (hereinafter referred to as "CIDB”) registration as below:

Grade : G7
Category : ME
Specialization : E25 – Pemasangan Voltan Tinggi Melebihi 33kV

The CIDB registrations shall be valid on the tender closing date. Where the registration has
expired, letter of approval or acknowledgement of renewal application from CIDB is
acceptable.

The company or all partners of Joint Ventures shall be registered with TNB. The
registrations shall be valid on the tender closing date.

The Tenderer/company or all partners of Joint Ventures (JV) shall not be

blacklisted/suspended by TNB.

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3.2 EXPERIENCE

3.2.1 The Tenderer shall possess necessary technical experience to qualify for this Tender. The
tenderer, or at least one partner of a joint venture bid, shall have successfully executed at
least ONE contract as Main Contractor or Sub-contractor, involving in the design, erection
and commissioning of the plant and associated civil works for at least one (1) bay of
110kV (or higher), AIS or GIS substation within the last 10 years.

A company who does not have either of the required experiences as above, may participate
in the tender as a JOINT VENTURE with another company in order to meet the required
experience.

3.3 FINANCIAL STRENGTH

3.3.1 The Tenderer shall possess adequate financial capability and resources to complete the
project in accordance with the Employer’s Requirements and by the required Time for
Completion. For this Tender, the figures for calculation shall be taken from Audited Financial
Statement for financial year ending August 2019 onwards. The minimum requirements of
financial strength indicators are:

a) The total Shareholders’ Fund of the Tenderer shall be positive. The calculation as
follow:
Share Retained Amounts Owing from
Shareholder’s = + –
Capital Earnings Shareholders
Fund

b) The Paid up capital of the Tenderer shall be at least RM 750,000.00

c) Acid Test Ratio (ATR) shall be more than (≥) 1.0. The calculation as follow:

Acid Test = Current Asset - (Stock@Inventories)

Ratio Current Liabilities

For tenderer participating on JV basis, the following formula shall be used:

Acid Test Current Asset (Company 1 + Company 2) - Stock@Inventories (Company 1 + Company 2)

=
Ratio Current Liabilities (Company 1 + Company 2)

OR

If ATR is less than 1, the tenderer can still be considered if unutilized revolving credit
facilities + average latest 3 months’ bank balance shall be at least as follows
RM4,350,000.00.

The tenderer shall fulfill all the criteria. If Tenderer is joint venture partnership, the
Shareholders Fund and Paid Up Capital of all companies shall be included in the
evaluation.

3.3.2 For a company that wishes for the financial strength of its parent company to be considered
for tender evaluation, a Parent Company Guarantee Letter (PCGL) shall be furnished. The
PCGL shall be in accordance with the sample PCGL attached in Annex A. (FIDIC Yellow
Book).
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3.4 TENDERER’S PERFORMANCE

3.4.1 The Tenderer shall have an overall TNB Contractor and Supplier Evaluation (CASE) star
rating for Contracts of at least two (2) stars.

3.4.2 For a new Tenderer or with no Star rating, testimonial from previous Employer is required.

3.5 PROJECT PERSONNEL

3.5.1 Tenderer to have full time Project Manager (PM) under the employment of the company to
manage current active project(s). Active project is defined as from the start of physical work
until 90% completion. [Percentage (%) progress will be as per TNB evaluation].

3.5.2 A project manager shall have at least five (5) years’ experience in project management and
managing an average of not more than two (2) active projects at the time of tendering.
(Owner/director of the company will not be counted as a project manager for tender
evaluation purposes)

3.6 LITIGATION

3.6.1 The company or each partner of the joint-venture shall submit a declaration of litigation dated
within 3 months before tender closing date in the form of an affidavit taken under oath in front
of a Judge, Magistrate or Commissioner for Oath. All Tenderers shall be free from any
litigation against TNB.

3.6.2 Tenderer shall be disqualified in the following situations:

a) Where the company has filed a legal action against TNB, until the case is heard, a
decision is made and the case is closed,
OR
b) TNB has filed a legal action against the company/companies for breach of contract.

3.7 SAFETY MANAGEMENT

3.7.1 The company shall have a salaried employee designated as a Safety and Health Officer
(SHO) certified by Department of Safety and Health, proof of which is the latest copy of
statement of EPF Contribution Schedule (Form A) with a copy of the receipt in respect of the
contribution in question. The certification by DOSH shall be evidenced by submission of a
copy of SHO Green Book which shall be valid at least until tender validity expiry date and
shall remain valid throughout the entire contract period. The name of the Safety and Health
Officer (SHO) shall be stated in the schedule of Mandatory Requirements of Tenderer in Part
B: Contractor’s Technical Proposal (Tenderers to submit).

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3.8 JOINT – VENTURE PARTNERSHIP

3.8.1 The Tenderer participating on a joint-venture basis shall comply with and submit the
following:

a) The nominated leading partner shall be the one who holds the CIDB registration under
Grade G7, Category ME, Specialization E25.
b) All partners of JV are registered with TNB and shall not be blacklisted / suspended by
TNB.
c) All partners of the joint venture shall be from locally incorporated companies only.
d) To submit a certified true copy of the JV agreement entered into by the JV partners
detailing their partnership. The Joint-Venture Agreement (hereinafter referred to as
"JVA”) shall be executed and stamped in Malaysia before Tender closing date and
submitted on the tender closing date. The JVA shall also detail out each partner’s roles
and responsibility in the execution of the contract and shall contain the following standard
minimum requirements:
i) Joint and several liability
ii) The appointment of the leading partner
iii) Correspondence address for any correspondence related to this Tender including
telephone and fax numbers
iv) The composition of the joint-venture and provisions of the JVA shall not be changed
without prior written approval of TNB
v) Agreed proportion of the obligations in the Works
vi) Continuing obligations to TNB in the event of conflict or dispute
vii) The term of the JVA shall cover the whole period to complete the works and
preferably to have a grace period to be determined by the parties

The Tenderer shall refer to the attached Sample Form of JVA as a guide in drafting
the JVA. Failure to comply with the minimum requirements above may result in
tender rejection.

A “Memorandum of Understanding” (hereinafter referred to as "MOU”) shall not be

acceptable as a replacement of the JVA between the concerned parties.

e) The Letter of Tender (hereinafter referred to as "LOT”) shall be signed either by the
leading partner or all partners.

3.9 SPECIAL REQUIREMENT FOR TRANSMISSION LINE PROJECTS (NOT APPLICABLE)

3.9.1 Erection & Stringing Team, Tools and Machineries

The Tenderer shall fulfill the requirements as follows:

a) The Company shall have at least one (1) in-house tower erection team consisting
minimum of 8 personnel and at least (1) one in-house stringing team consisting minimum
of 15 personnel.
b) The Company shall own at least one (1) set of puller and one (1) set of tensioner.

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3.10 OFFERED EQUIPMENT

3.10.1 All equipment offered in the tender shall comply with the mandatory requirements for
equipment.

3.10.2 For equipment categories listed in the Product Acceptance List, with the exception of
reactor, capacitor bank, transformer and low loss conductor, the Tenderer shall only offer
model/type from the list.

3.10.3 For reactors, capacitor banks, power transformers and equipment category with only ONE
model/type listed in the Product Acceptance List and equipment category that is not listed
in the product Acceptance List, the Tenderer can offer an equipment model/type that
complies to the mandatory requirements and fulfills the conditions as follows:

a) Manufacturing Experience

The manufacturer of the model/type shall have at least five (5) years’ experience in
design, manufacture and supply of similar equipment of the same voltage level or
higher.

Model/Type offered from a new factory of a manufacturer already accepted in TNB

(excluding ‘under license’ manufacturer) that does not have five (5) years
manufacturing experience is acceptable subject to the followings:

i) Shall have at least three (3) years manufacturing experience

ii) Passed quality audit on the new factory by TNB or TNB’s appointed representative
iii) Additional Quality Guarantee from the Principal OEM

For imported model/type with track record in TNB or locally manufactured model/type
where the above requirement is not fulfilled, the model/type is acceptable with the
condition that the Tenderer shall furnish an Extended Corporate Guarantee of at least
five (5) years after the expiry date of Defect Notification Period for the model/type and
related accessories supplied under the contract. The Extended Corporate Guarantee
shall be executed in the format as attached with this ITT and shall be furnished within
the Time for Completion of the Contract.

b) Commercial Operation Experience

i) For imported equipment:

The model/type offered, or similar equipment of the same voltage level or higher
from the same manufacturer, shall have at least three (3) years of successful
commercial operation outside the country of origin.

ii) For local equipment:

The model/type offered, or similar equipment of the same voltage level or higher
from the same manufacturer, shall have at least three (3) years of successful
commercial operation.

For imported model/type with track record in TNB or locally manufactured model/type
where the above requirement is not fulfilled, the model/type is acceptable with the
condition that the Tenderer shall furnish an Extended Corporate Guarantee of at least
five (5) years after the expiry date of Defect Notification Period for the model/type and
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 related accessories supplied under the contract. The Extended Corporate Guarantee
shall be executed in the format as attached with this ITT and shall be furnished within
the Time for Completion of the Contract

c) Type Test

The model/type shall have passed all the MANDATORY TYPE TEST
REQUIREMENTS for the same model/type and rating required in the tender before
the tender closing date. The type test certificate and reports will remain valid as long
as there is no significant change in the design as allowed by the standard. Only type
test certificate and reports from TNB approved laboratories or manufacturer’s
laboratories accredited to ISO/IEC17025 are acceptable. The list of approved testing
laboratories is attached in Part E: Employer’s Requirement – Appendix to General
Requirements (Appendix D).

OR

i) The equipment is locally manufactured

If not fully type tested, acceptable with condition to complete outstanding type tests
at TNB approved testing laboratories or manufacturer’s laboratories accredited to
ISO/IEC17025 and witnessed by TNB personnel or representative appointed by TNB.

ii) The equipment is imported manufactured

1. For Equipment with One Pre-Approved Model/Type Only

Tenderer may offer type/model other than in the Product Acceptance List subject
to the following conditions:

a. Equipment with track record in TNB

To complete outstanding type test within a year after contract award and shall
be conducted at TNB approved testing laboratories or manufacturer’s
laboratories and witnessed by TNB personnel/ representative or
representative from TNB approved testing laboratories

b. Equipment with no track record in TNB

Fully type tested at TNB approved testing laboratories or manufacturer’s
laboratories accredited to ISO/IEC17025.

2. For Equipment with no Product Acceptance list

Model/type offered with track record in TNB but has not been fully type tested is
acceptable with the following condition:
 To complete outstanding type test within a year after contract award and shall
be conducted at TNB approved testing laboratories or manufacturer’s
laboratories and witnessed by TNB personnel/ representative or
representative from TNB approved testing laboratories

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 3. For Reactor and Capacitor Bank

Similar equipment of different ratings but in the same voltage class and type tested
at TNB approved testing laboratories accredited to ISO/IEC 17025, is acceptable
with the following conditions:
 To perform design review
 To complete type test for the design to be supplied under the contract within
eight (8) months after contract award
 To furnish Extended Corporate Guarantee for 5 years after the end Defect
Notification Period

4. For Transformer / Shunt Reactor / Neutral Grounding Reactor

Shall have passed all type tests, for the same transformer design in terms of
voltage level, capacity and vector group, at TNB approved testing laboratories
accredited to ISO/IEC 17025 and witnessed by TNB personnel / representative;

OR

Model/type offered which has not been fully type tested, but other transformer of
same voltage level and capacity or higher has been fully type tested by
manufacturer’s laboratory accredited to ISO/IEC 17025, the offer is acceptable
with conditions:
 To perform design review as per Employer’s Requirements
 To conduct full type test at TNB’s approved testing laboratories or
manufacturer’s laboratory and witnessed by TNB personnel/representative
and representative from TNB’s approved testing laboratory
 To furnish Extended Corporate Guarantee for 5 years after the end Defect
Notification Period

iii) New factory of manufacturer already accepted in TNB (excluding manufacturer

under license)

Fully type Tested at TNB approved testing laboratories or manufacturer’s laboratories

accredited to ISO/IEC17025 and witnessed by TNB personnel or representative
appointed by TNB.
OR
Passed surveillance audit on the new factory by TNB to verify component, design,
manufacturing process and assembly are the same as the previous factory.

d) Compliance to Technical Requirements

The model/type offered shall fully comply with all requirements stated in the technical
specifications, technical schedules and tender drawings.

3.10.4 Declaration of Extended Of Equipment Warranty

Original Equipment Manufacturing (OEM) shall furnish product warranty of 132kV

equipment and higher up to five (5) years starting from the date of commissioning or
delivery date if the Equipment is procured as spares. The DECLARATION OF WARRANTY
BY OEM FORM shall comply with the Employer’s Requirements as specified and intended
as attached. List of the 132kV Equipment and higher are listed in Sub-Clause 2.7 of the
General Specification in Part D of the Employer’s Requirement. Failure to comply with
this requirement shall result in the Tender being rejected.
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3.10.5 If the Tenderers offer equipment which conform to standards other than those specified in
the Employer’s Requirements, full details of the differences between the proposed
standards and the specified standards in so far as they affect the design, testing and
performance of the equipment are to be submitted with the Tender. These would only be
considered if the proposed standards are higher than the specified standards.

3.10.6 Each manufacturer or local agent of every equipment offered in this Tender shall provide
after sales service.

3.10.7 Tenderer shall submit the Letter of Compliance with Mandatory Requirements from
Manufacturer’s of equipment together with the Tender. The Letter of Compliance shall
comply with the Employer’s Requirements as specified and intended in the “Sample Letter
of Compliance with Mandatory Requirements from Manufacturer’s of Equipment” as
attached.

3.10.8 In addition, the manufacturers are required to provide the following information in the letter
above:
a) The technical support team based in Malaysia for the offered equipment,
b) Date of establishment and years of manufacturing experience, and
c) ISO certifications

3.10.9 Equipment that are mandatory to be manufactured locally are listed in Sub-Clause 3.1 of
the General Requirement in Part E of the Employer’s Requirement.

3.10.10 Preference shall be given to locally manufactured equipment as listed in Sub-Clause 3.3
of the General Requirements of Part E: Employer’s Requirement. For tender evaluation
purposes, the tenderer who opted to offer imported equipment over local equipment shall
be imposed ‘local product preference loading’.

3.10.11 The Tender shall be rejected if any of the equipment does not fully comply with these
mandatory requirements.

3.10.12 The Tenderer shall offer only one (1) manufacturer for each equipment. If more than one
manufacturer is offered, the Tender shall be rejected.

3.11 SUSPENDED EQUIPMENT

3.11.1 TNB has currently suspended the following equipment:

a) Capacitive Voltage Transformer (CVT) manufactured by Trench, Canada.

b) Battery manufactured by Berkat Insaf (M) Sdn. Bhd. and Gabungan Sumber Tenaga
Sdn. Bhd.
c) Transformer manufactured by CG Mumbai (India), CG Bhopal (India), CG Belgium and
PTCG Indonesia.
d) 132kV Capacitor Bank manufactured by Vishay, Germany.
e) 132kV, 275kV & 500kV Clamps & Connectors manufactured by Adarsh, India.
f) Shandong Electric Power Equipment Co. Ltd, Jinan City, Shandong, China (SPECO)

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3.11.2 Hence, Tenderers are directed not to offer this equipment in this Tender.

3.11.3 Failure to comply with the above requirement shall result in the Tender being rejected.

3.12 SUPPORTING DOCUMENTS

The Tenderer is required to submit the following documents to support his submission:

(1) Company Supporting Documents:

a) Certificate of Incorporation
b) Form 24 (Return of Allotment of Shares)
c) Form 49 (Board of Directors)
d) Form 32A (Transfer of Shares)
(If a shareholder is a company, the Tenderer shall submit Forms 24, 49, and 32A,
and profile of the company holding the shares.)
e) Copy of latest shareholders list issued by Suruhanjaya Syarikat Malaysia (for JV
company, the tenderer shall also submit the latest list of shareholders for each
company issued by Suruhanjaya Syarikat Malaysia)
f) Form of Annual Returns
g) Bahagian Pembangunan Kontraktor dan Usahawan (BPKU’s Registration (for
Bumiputera status) which shall be valid on the tender closing date
h) CIDB’s Registration which shall be valid on the tender closing date
i) TNB’s Registration which shall be valid on the tender closing date
j) Evidences of experiences i.e Letter of Acceptance (LA) or Purchase Order (PO) of a
Contract executed by a partner, of design, erection and commissioning of the
plant and associated civil works within the last 10 years for the following
works:-
i. One complete bay of 110kV or higher, AIS or GIS substation
k) Experience as a sub-contractor (approved by the client) for the work will be
considered.
l) Taking Over Certificate (TOC) or Completion Certificate (CC) of a Contract of
design, erection and commissioning of the plant and associated civil works
within the last 10 years for the following works:-
i. One complete bay of 110kV or higher, AIS or GIS substation
m) To submit a certified true copy of the joint-venture agreement entered into by the
joint-venture partners detailing their partnership as per sample form of JVA attached
in this ITT.
n) The company or each partner of the joint-venture shall submit a declaration of
litigation dated within 3 months before tender closing date in the form of an affidavit
taken under oath in front of a Judge, Magistrate or Commissioner for Oath. All
Tenderer shall be free from any litigation against TNB.
o) To submit a certified true copy of SHO Green Book for designated Safety Health
Officer.
p) To submit a certified true copy of Commission of Energy Certificate for designated
Competent Engineer
q) Audited Financial Statement for financial year August 2019 onwards and bank
statements for the last three (3) months
r) Letter of credit facilities issued by banks dated within three (3) months before tender
closing date, stating the current balance of facilities (unutilized credit facilities)
available to the Tenderer.
s) Company Profile consisting of:
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 i) Management Team
ii) Company Organization Structure
iii) List of names and designation of company personnel
iv) Main activities and related projects undertaken
v) Curriculum vitae of key personnel
vi) Reference Letter from Employers
vii) Reference list projects completed and undertaken detailing Contract Number,
Description of Contract, Owner, Contract Value, Completion Status, Date of
Award and Date of Completion.

t) The latest Borang A KWSP of the company for local employee and valid Work Permit
for foreign workers.
u) ISO and OHSAS certification (if applicable)

(2) Equipment Supporting Documents:

a) Letter of Compliance with Mandatory Requirements from the Manufacturer of each

type of equipment offered
b) Reference List of imported equipment. The list shall detail actual model installed
(rating specific), country of manufacturer, user, substation name and country
installed, units installed and date of actual commercial operation. Incomplete list may
result in the rejection of the offered equipment.
c) Testimonial of previous clients on the performance of the equipment offered.
d) Valid Type Test Certificate or Report of each type of equipment offered (only for
equipment not listed in Product Acceptance List)

4.0 LANGUAGE OF TENDER

4.1 The ruling language shall be English. However, the language for communication shall be
English and Bahasa Melayu. Supporting documents and printed literature furnished with the
Tender shall be in English or Bahasa Melayu.

4.2 In cases where the supporting documents (i.e type test) and printed literature are in
languages other than English and are accompanied by translations in English, then for the
purpose of interpretation and evaluation of the Tender, the English translations shall prevail.

5.0 TENDER BRIEFING AND SITE VISIT

5.1 Site visit is mandatory. The date and time of the site visit is as stated in the Tender
advertisement. Failure to comply with this requirement shall result in the Tender being
rejected.

5.2 The number of participants per Tenderer shall be limited to 2 persons. It is mandatory for the
participants to register their attendance with TNB representative on the day of the site visit.

5.3 The Tenderer who wishes to participate in the site visit shall provide safety helmet and safety
boots to be worn by his personnel(s) who are attending the site visit. Personnel who fail to
don the said Personal Protective Equipment (PPE) may be denied entry to the site.
Participants shall exercise reasonable precautions while at the site. TNB shall not be
responsible for the safety of the participants during the site visit.

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5.4 All Tenderers must comply with “Covid-19” Standard Operation Procedure (SOP) at Work
such as the use of appropriate PPE & social distancing when attending tender briefing and
site visit.

5.5 Only 1 – 2 representatives of company at a time on site. This is to ensure that disease
monitoring and infection control protocols are complied with.

5.6 TNB will not defray any expenses incurred in connection with the site visit. The Tenderer
shall make their own arrangements for transport, accommodation and insurance for the site
visit.

6.0 TENDER DOCUMENTS AND PREPARATION OF TENDER

6.1 The Tenderer will be issued with Tender Documents in electronic format through Supplier
Self Service (SUS) Portal at the following link:

https://srm.tnb.com.my/irj/portal.

Tender Documents consist of:

INSTRUCTIONS TO TENDERERS (ITT)

1. Joint Venture Agreement
2. Letter of Compliance
3. Letter of Corporate Guarantee
4. Letter of Performance Security
5. Declaration of Warranty by OEM Form (Substation Primary Equipment)
6. Product Acceptance List
- Substation
PART A CONTRACTOR’S FINANCIAL PROPOSAL (Tenderers to Submit)
1. Letter of Tender (LOT)
2. Appendix To Tender (ATT)
3. Preamble To Schedule of Price
- Schedules of Prices – Substation – Sch M
- Schedules of Price Civil
- Summary of Total Prices – Schedule N
PART B CONTRACTOR’S TECHNICAL PROPOSAL (Tenderers to Submit)
1. Mandatory of Requirements of Tenderer
2. TNB Integrity Pact
3. Tenderer’s Profile, Experience and Project Organization
4. Proposed Project Team
Technical Schedule
5.  Substation – Schedule E,F,G
 Transformer & Earthing Transformer – Schedule 7.2.xx
PART C EMPLOYER’S REQUIREMENT (General)
1. Sample of Contract Agreement
2. Particular Conditions of Contract
3. General Conditions of Contract – FIDIC
4. Project Safety Requirement

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 i. Health, Safety & Environment (HSE) for Contractor for Grid Division
ii. Safety Compliance Audit (SAFCA)
PART D EMPLOYER’S REQUIREMENT (Technical Specification)
1. Technical Specification (Substation)
- Appendix 1: Commissioning Process
i. Site Acceptance Test (SAT)
ii. Project Quality Assurance (PQA)
PART E EMPLOYER’S REQUIREMENT (Schedules and Drawing)
General Requirement
- Appendix to General Requirements
1. i. Term and Policy of Insurance Policy
ii. TNB’s Panel of MTO
iii. List of Approved Laboratories
2. Technical Schedule (Schedule A, B, C, D),
3. Project Description
4. Schedule H
5. Schedule L
6. Technical Schedule Transformer/Reactor Requirement - Schedule 7.1.x x
8. TNB Accepted Relay List
9. TNB Preferred Secondary Auxiliary Devices List
10. Drawing & Borelog

6.2 The following documents of the Tender shall be filled completed entirely and submitted
(uploaded in the system). Failure to comply with this requirement, the Tender shall be
rejected.

a) Letter of Tender
b) Schedule of Prices
c) Schedule of Mandatory Requirements of Tenderer
d) Schedule of Technical Particulars and Guarantees

6.3 It is mandatory that each of the following and duly completed documents of the Tender
Documents and the Addenda to be submitted (uploaded in the system) in the manner
specified in para 13:

a) Letter of Tender, Appendix to Tender and Schedule of Prices

b) The whole Part B: Contractor’s Technical Proposal
c) Addenda (if any)

Note: Please be informed that Schedule of Prices, Schedule of Mandatory

Requirements of Tenderer, Tenderer’s Profile, Experience and Project Organization
and Proposed Project Team shall be filled and submit in excel form as attached in the
system.

6.4 The Tenderer shall regard his Tender Document as the contract document at all times to
avoid mistakes during preparation of the Tender.

6.5 The Tenderer shall not alter the content in any part of the tender documents. The Tenderer
shall completely fill in the blanks in the schedule in permanent and clearly legible type fonts.
The schedule shall contain specific information / data as intended.

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6.6 The Tenderer is particularly directed not to alter the Tender Documents in any way. The
Tender Documents must be submitted (uploaded) in their entirety. Appendices (clarification,
addendum, supporting documents etc) shall be submitted (uploaded) in separate folders in
the “Tenderer Proposal” folder.

7.0 PRICING OF TENDER

7.1 All bids shall be made entirely in Ringgit Malaysia (RM).

7.2 Tenderers shall incorporate risk of fluctuations in foreign exchange rates into the Tender
Price.

7.3 The total tender price quoted by the Tenderer shall be stated in the Letter of Tender.

7.4 The Tenderer shall ensure that the total tender price as stated in Letter of Tender (LOT)
tallies with the figures entered for the Total Tender value entered in the Electronic System.
Where there is a discrepancy between the figure in LOT and in the Electronic System, the
total tender price in the Electronic System (Bidders Price List) shall govern.

7.5 The Tenderer is particularly directed to note that the amount entered in the Electronic System
(Bidders Price List) shall be for performing the Contract strictly in accordance with the
Employer’s Requirements and Conditions of Contract and shall be the grand total of the
respective sub-totals entered in the Schedules of Prices.
7.6 The price stated in the Electronic System (Bidders Price List) is considered to be the official
and final price offered for the tender.

7.7 The tenderer must ensure that the unit price for every line item is realistic and comparable
to the market price.

7.8 The total tender price shall be a round figure (to the nearest thousand) and shall correspond
with all unit prices in the detailed Bill of Quantities (BQ).

7.9 Tenderer is not allowed to offer any price discounts. Any form of discount offered
shall not be considered and shall result in the tender to be rejected.

7.10 The Tenderer shall fill in the rates and the amounts for all items in the Schedules of Prices.
No new item shall be added.

7.11 The Tenderer is required to submit realistic rates in the Tender. Any gross deviations from
the prevailing market rates or unethical manipulations in the tendering system may render
the Tender to be deemed as not responsive and can result in the rejection of the Tender or
award with additional condition such as lump sum price basis or rationalization of rates.

7.12 TNB does not bind himself to accept the lowest or any Tender nor to assign any reason for
the rejection of any Tender.

8.0 TENDER DISCREPANCIES AND ARITHMETHICAL ERROR

8.1 Tenders will be checked for any arithmetical error in the Schedule of Prices. Where there is
a discrepancy between the unit price and the sub-total amount derived from the multiplication
of the unit price and the quantity, the unit price quoted shall govern.

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 Where there is a discrepancy between Total Schedule of Price and Total Price in Electronic
System, the total price from the Electronic System shall govern.

The difference between Total Schedule of Price and Total Price in Electronic System will
determine whether the tender is accepted or rejected.

8.2 TNB may reserves the right to reject any tender which contains discrepancies and
arithmetical error of a value outside the range of (+/-) 0.5%. Hence the tenderer shall
ensure that all calculations are correct before submitting it’s tender.
8.3 The contract awarded price shall be the total price from the Electronic System.

8.4 TNB reserves the right to make amendment to any arithmetical error in the Tender. The
Tenderer will be required to correct the same but the Tenderer shall not be permitted to alter
the unit rates in the Schedule of Price of the Tender Document unless otherwise instructed
by TNB.

9.0 INSURANCES

9.1 The Tenderer shall consult Jabatan Perkhidmatan Insuran, TNB, Aras 3, (Sayap Kanan),
Bangunan Penghantaran, 129, Jalan Bangsar, 59200 Kuala Lumpur on the requirement of
insurances for the project such as premium to be paid, excess and insurance policy.

10.0 TENDER VALIDITY PERIOD

10.1 Tender shall remain valid and open for acceptance or rejection for a minimum period of 180
days from the date specified as the closing date of the Tender.

10.2 In exceptional circumstances, prior to the expiry of the original Tender validity period, TNB
may request for an extension in the period of validity. Such request and the response thereto
shall be made by facsimile or letter.

10.3 If the Tenderer agrees to the extension of the validity, then the original offer in the Tender
shall remain. The Tenderer may decline to extend his Tender validity in writing.

11.0 TENDER ENQUIRIES

11.1 If the Tenderer has any enquiries on the Tender Document or other matter pertaining to the
Tender and site, he shall obtain clarification prior to submitting his Tender.

11.2 Any information on commercial matters may be obtained on application in writing to the
Employer’s representatives as follows:

Lead (Category Management – EPC & Projects),

Procurement & Supply Chain Division,
Tenaga Nasional Berhad.
Level 10, NU Tower 2,
203, Jalan Tun Sambanthan,
Kuala Lumpur Sentral,
50470 Kuala Lumpur Facsímile No: 03-277 69402

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 And on technical matters to: -

Head (Design)
Grid Development Department,
Grid Division, Tenaga Nasional Berhad,
Level 17, Bangunan Dua Sentral,
No. 8, Jalan Tun Sambanthan
50470 Kuala Lumpur. Facsímile No: 03-2180 4988

The letter on technical matters shall also be copied to Lead (Category Management – EPC
& Projects).

11.3 The Tenderer shall exercise due care in examining the Employer’s Requirements and the
Site. Any clarification, omission, error, fault or other defect discovered shall be notified to
TNB not later than 10 days before Tender closing date.

11.4 Only written interpretations and clarifications given by Head (Procurement Hub 2) will be
recognized as an official response by TNB.

12.0 ADDENDUM TO TENDER

12.1 TNB will inform all tenderers in writing through the system or facsimile before Tender closing
date if there is any addendum to the Tender.

13.0 PURCHASE AND SUBMISSION OF TECHNICAL AND COMMERCIAL PROPOSAL

13.1 Tender documents can only be acquired online.

13.2 Payment for tender fee can be done through Payment Gateway (Online) and ‘Create
Response’ button will automatically be activated upon successful payment. Invoice can be
printed by supplier/contractor through the system. Otherwise, supplier/contractor who opted
to pay manually must make payment at any Pusat Khidmat Pelanggan TNB and can ONLY
be done after supplier/contractor has successfully registered as SUS and obtain Invoice from
Initiator’s office. Invoice can be requested via email or facsimile. Upon payment, please
submit the copy of the receipt to the Initiator’s office or alternatively, email a scanned copy
of the receipt to: puteri.madinah@tnb.com.my, rosstilas@tnb.com.my and
aneelia.rosli@tnb.com.my.

13.3 All submissions must be done online including attachments and supporting documents.
Manual or hardcopy submission may result in rejection of the tender.

13.4 Tenderer shall submit their offer, i.e Technical and Commercial proposal in e-Tender through
Supplier Self Service (SUS) Portal at the following link:
https://srm.tnb.com.my/irj/portal.
Please refer to the User Manual available at the portal.

13.5 Tenderer is required to upload the right tender documents at the right folder. Uploading of
tender documents in the wrong folder, shall result in the tender to be rejected.

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13.6 Tenderers can prepare and edit their offers before the tender closing date and time. After
the tender closing date and time, Tenderers cannot edit their submitted offer in any case. No
written or online request in this regard shall be considered.

13.7 Tenderers are advised, to ensure that their submission are completed before tender closing
date and time which shall be based on system server time. When the tender has been
successfully submitted, the status of the RFx (Tender/Quotation) will change from “saved” to
“submitted”.

14.0 THE TENDERER SHALL BE DULY INFORMED

14.1 The Tenderer shall familiarize himself fully with all matters relating to the Tender. The
Tenderer shall be deemed to have examined and satisfied himself as specified in the Letter
of Tender, before submitting his Tender, including the following:

a) The Tender Documents;

b) The site and its conditions;
c) The nature of the works and constructional plant necessary for the execution of the
Works;
d) The means of access to site;
e) The availability of labour and rates of wages;
f) The availability of accommodation;
g) Obtained all necessary contingencies which could affect his Tender; and
h) The correctness and sufficiency of his Tender to execute the Works.

15.0 EVALUATION OF TENDER (TWO ENVELOPE SYSTEM)

15.1 The Technical Proposal of a Tender will be evaluated against the Technical Evaluation
Criteria. The Technical Evaluation Criteria consist of Mandatory Criteria for Tenderer and
Mandatory Criteria for Equipment. Any tender which fails any of the Mandatory Criteria,
will be rejected and no further evaluation will be carried out.

15.2 The Mandatory Criteria for Tenderer and Mandatory Criteria for Equipment are stipulated in
the Schedule of Mandatory Requirement of Tenderer and this ITT.

15.3 The Financial Proposal envelope of the corresponding accepted technical proposal will be
opened. The selected Financial Proposal shall be evaluated according to the Commercial
Evaluation Criteria which involves arithmetical checking, Bumiputera preference, local
equipment preference loading (duties & taxes for imported equipment) and capitalised value
of transformer losses.

15.4 TNB reserves the right to reject any Tender which fails the mandatory criteria requirement.

16.0 TENDER CLARIFICATION

16.1 For the purpose of tender evaluation, TNB may seek from the Tenderer, through
correspondence or interview, detailed clarification of his Tender. The request for clarification
and the response thereto shall by letter or by facsimile. No change in the price or substance
of the Tender shall be offered or permitted in clarification. The Tenderer is requested to

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 arrange for suitable representative(s) on standby for the purpose of Tender clarification
meetings.

17.0 NOTIFICATION OF AWARD

17.1 TNB reserves the right to award the whole or part of the Tender.

17.2 TNB is not obliged to accept the lowest or any part of the Tender and notification of the
rejection will be given to the unsuccessful Tenderers.

17.3 TNB will notify the successful Tenderer through Letter of Acceptance (LA) that his Tender
has been considered for acceptance and the basis on which the Tender to be accepted.

17.4 TNB will notify the unsuccessful Tenderers the outcome of their Tenders.

18.0 TENDER WITHDRAWAL

18.1 Any tender withdrawal within Tender validity period after the Tender Closing Date is
subjected to penalties such as Tender security (if applicable) forfeited and / or suspended
from participating in TNB‘s procurement exercise. Such may vary from minimum of 6 months
to 12 months.

18.2 However, such penalties shall not apply in the event that TNB’s offer:
i. Differs from the specification originally defined in the Tender.
ii. Differ from the proposal offered by the Tenderer.

19.0 RIGHTS TO REJECT TENDERS

19.1 TNB reserves the right to accept or reject a Tender, or to annul the tendering process and
reject all Tenders, at any time prior to the Award of Contract, without incurring any liability to
the Tenderers.

19.2 If there is more than one tender submitted by the same company although with a different
joint-venture partner, all the tenders submitted by the company shall be rejected.

19.3 Tender submission not conforming to this ITT as specified in para 6.2, 6.3, 6.5 and 6.6 also
shall be rejected.

19.4 The rejection of the Tender may be caused by the following:

a) Does not conform to any of the Mandatory Requirements of the ITT or the Employer’s
Requirements
b) Does not submit any supporting documents
c) Gives false or misleading information
d) If a Tender is not substantially responsive to the requirements of the Tender, it cannot
be subsequently made responsive by either TNB relaxing his requirements or the
Tenderer altering or adding to his offer
e) The Tenderer is unable to provide a satisfactory explanation for the tendered rates
f) Tender price that is unrealistic
g) Presence of arithmetical errors related to price.

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20.0 ALTERNATIVE OFFER

20.1 Tenderers are not allowed to make any alternative offer for equipment in his Tender. In the
event that there is an alternative offer, TNB shall reject the Tender.

20.2 Tenderer shall submit only one bid. If more than one bid are submitted by the same tenderer,
then all the bids will be rejected.

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